The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a Penalty Charge Notice and the integrity of the Council’s parking enforcement agents. This is because it is reasonable to expect him to have appealed the Penalty Charge Notice using the appeal process available. The second part of his complaint is premature because the Council has invited Mr X to use its complaints process and it is reasonable to expect Mr X to do this before coming to us.
The complaint
Mr X complains that the Council has refused to take his complaint about the behaviour of its enforcement agents through the complaints process.
He would like the Council to investigate his complaint and cancel the Penalty Charge Notice (PCN)
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the integrity or behaviour of the Council’s enforcement agents. He would like the Council to investigate his complaint and cancel the PCN.
Whilst I note his concerns, I can see that the Council have already invited Mr X to use its complaints process if he would like to complain about the behaviour of the enforcement agents. Therefore, this part of his complaint is premature, and it is reasonable to expect Mr X to go through the Council’s complaint process before coming to us.
I can also see that the Council has already advised Mr X that he can challenge the PCN using the appeal process. I find it reasonable to expect Mr X to use the appeal process that is available to him.
Final decision
We will not investigate Mr X’s complaint because part of it is premature and he can use the appeal process to challenge the PCN.
Investigator's decision on behalf of the Ombudsman